Theft

[leviathan860]

What is the name of your state (only U.S. law)? Illinois

I can't sleep over this and I wonder if it's true. I live alone and lost my job a little over a month ago. Where I live has a huge unemployment number. I'm looking for jobs everyday but I haven't found one. I don't think I will be able to pay rent on the first. I will pay it as soon as possible. My lease states that if I don't pay rent the landlord can break into my apt and steal my belongings to compensate for rent. Is this really true or would that still constitute as theft? If they break in they will surely steal my computer which has been a big resource for me looking for work. I have an interview tomorrow so I might be ok but if I don't get hired by the first I will go talk to them about it. Is this true or is it a scare tactic?

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Illinois

I can't sleep over this and I wonder if it's true. I live alone and lost my job a little over a month ago. Where I live has a huge unemployment number. I'm looking for jobs everyday but I haven't found one. I don't think I will be able to pay rent on the first. I will pay it as soon as possible. My lease states that if I don't pay rent the landlord can break into my apt and steal my belongings to compensate for rent. Is this really true or would that still constitute as theft? If they break in they will surely steal my computer which has been a big resource for me looking for work. I have an interview tomorrow so I might be ok but if I don't get hired by the first I will go talk to them about it. Is this true or is it a scare tactic?

Scare tactic...

Depending on the wording of the lease, there is a good chance the section or clause is completely illegal.

If they do so, call the police and report a theft, naming the LL as the primary suspect.

 

[leviathan860]

Scare tactic...

Depending on the wording of the lease, there is a good chance the section or clause is completely illegal.

If they do so, call the police and report a theft, naming the LL as the primary suspect.

Can anyone second that opinion?

 

[BL]

Can anyone second that opinion?

2nd .

That's the most ludicrous clause I have seen so far .

As long as you are a tenant , have not moved out and/or abandoned your property ,the LL has no right to " break in " for one , or remove or sell your belongings .

As was stated if either or both occur call the Law immediately , and tell them what LL your had said and show them the clause in the lease.

I am wondering if the lease state's that exactly , or you are misquoting the clause ?

 

[Cvillecpm]

ALWAYS backup your hard drive AND take it with you on a jump/flash drive.....or take your computer with you in the trunk of your car. Keep ALL of your lease information WITH you

If something does happen, you want to go to the police immediately, show them your lease and advise them that you think your landlord has taken your items * THEN * you go to the local media!!

 

[CA LL]

ILLIONOIS law

Though not as described by OP here..though OP did NOT post the exact language so no one can really guess, Illinois does have some laws that provide for seizing property for rent owed. Perhaps review those at:

Illinois Landlord Tenant Laws

Was unable to edit the mispelled ILLINOIS above...sorry.

 

[leviathan860]

Though not as described by OP here..though OP did NOT post the exact language so no one can really guess, Illinois does have some laws that provide for seizing property for rent owed. Perhaps review those at:

Illinois Landlord Tenant Laws

Was unable to edit the mispelled ILLINOIS above...sorry.

Part 3. Distress for Rent

735 ILCS 5 Sec. 9-301. Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant.

735 ILCS 5 Sec. 9-302. Filing of distress warrant with inventory. The person making such distress shall immediately file with the clerk of the circuit court a copy of the distress warrant, together with an inventory of the property levied upon.

735 ILCS 5 Sec. 9-303. Summons and return. Upon the filing of such copy of distress warrant and inventory, the clerk shall issue a summons against the party against whom the distress warrant has been issued, returnable as summons in other civil cases.

It says here the landlord has the right to take my stuff as long as I'm behind on rent and they notify the courts.

 

[Cvillecpm]

TX has similar landlord-tenant statutes....landlords go for the guns and take them immediately to a pawn shop and when the tenant has rent and fees, they can get their gun(s) back....Wide screen tvs are good as are computers.

 

[Alaska landlord]

Many states have similar laws, PA comes to mind.
Most have wording to the effect that the landlord cannot take more than the rent due, and have items that are excluded from removal. Some of excluded items may include school books, and clothing. Either way, I'ts good that a landlord can seize property when deadbeat tenants refuse to pay up.

 

[TinkerBelleLuvr]

Do they need a court order to seize the property? Or can they just take it upon themselves to help themselves?

 

[CourtClerk]

Do they need a court order to seize the property? Or can they just take it upon themselves to help themselves?

In TX (I know because this happened to a friend of mine), they can just come right on in your house and take your stuff. Boot your doorknob as well. Although, when they boot your doorknob, if you ask to be let back in, they have to. When you get in, you find your stuff gone up to the amount of the rent. As stated before (because I actually went and fished out the statute) there are items they can't take (kid's stuff comes to mind).

 

[CourtClerk]

Interesting reading

This is the Texas statute:

54.041. LIEN. A landlord of a single or multifamily
residence has a lien for unpaid rent that is due. The lien attaches
to nonexempt property that is in the residence or that the tenant
has stored in a storage room.

Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984.


§ 54.042. EXEMPTIONS. A lien under this subchapter does
not attach to:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or
profession;
(3) schoolbooks;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining
table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the landlord or the landlord's agent
knows are owned by a person other than the tenant or an occupant of
the residence; and
(15) goods that the landlord or the landlord's agent
knows are subject to a recorded chattel mortgage or financing
agreement.